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You were named to handle a Georgia estate. Here is what you can do, in order.
The person named to handle a Georgia estate can act for it only after the probate court issues letters. Before that, you can lock the house and gather the papers, but you cannot sell it or sign for it. Once you hold letters, you pay what the estate owes, sell the house if the will allows it or the court approves it, and pass what is left to the heirs.
By Fitz Hall, Georgia Property Co.
Executor, administrator, personal representative: which one are you?
The word depends on the will. If there is a will and it names you, you are the executor. The court gives you letters testamentary. If there is no will, or the will names nobody who can serve, the court picks someone. That person is the administrator, and the court gives them letters of administration. The court calls both a personal representative. The job is the same either way: gather what the person owned, pay what they owed, and hand out what is left.
Almost anyone can serve. You must be 18 or older. You do not have to live in Georgia, and you do not have to be a citizen. A felony can block you unless your rights were restored.
If there is no will, Georgia law says who gets first pick to serve. The surviving spouse comes first, then the people who inherit. If the family agrees on one person, the court will usually name them.
Before letters: what you can and cannot do
The gap between the death and the court's letters is where most mistakes happen. You feel like the person in charge. On paper, nobody is yet.
You can protect the house. You cannot sell it or sign for it, and you cannot spend the estate's money.
- You can lock the house, change a lock if keys are missing, and give the keys to one person.
- You can call the insurer, keep the policy paid, and tell them the house is empty.
- You can keep the power and water on and forward the mail.
- You can pay the property tax bill. Anyone can. The county takes the money no matter whose name is on the bill.
- You can photograph every room and list what is there.
- You cannot sell the house, sign a listing, or take a deposit from a buyer.
- You cannot give away or sell the things inside, except food that will spoil.
- You cannot move money out of the person's accounts. The bank will freeze them when it learns of the death.
- If something cannot wait, the court can issue temporary letters of administration in days (O.C.G.A. 53-6-30). They let one person secure what the estate owns while the full petition works through. Ask the clerk when you file.
Read next: Someone died and left a house in Georgia. Here is what to do about the house in the first two weeks.
Getting letters: the petition, the oath, the bond
You ask the court for letters with a petition. With a will, most families file to prove the will in solemn form. The court's form is GPCSF 5. Without a will, you file for letters of administration, form GPCSF 3. The forms are free on the state probate judges' site, and the court clerk will tell you which one fits.
Every heir gets notice. If each one signs a paper saying they got it and have no objection, the court can act fast. If someone cannot be found or will not sign, the court runs a notice in the county's legal paper and waits. That wait is where weeks turn into months.
Before letters issue, you swear an oath. A probate judge or clerk gives it. A notary cannot. If you live in another state, the court can send a form, GPCSF 53, so a court where you live can give you the oath.
Bond is a promise, backed by money, that you will do the job right. With a will that waives bond, there is none. Without a will, Georgia law calls for a bond unless every heir signs to waive it. If it is required, you buy it from a surety company, and the price depends on the size of the estate.
How long it takes depends on the signatures. When every heir signs, letters can issue in a few weeks. When notice has to run, plan on two to three months. Fulton County makes you e-file a new estate and mail the originals within ten days.
Week 1
File the petition with the death certificate and the original will. Each heir signs a notice form, or the court sends notice.
Weeks 2 to 6
Notice runs if it has to. Objections, if any, come in now.
Letters issue
You take the oath and post bond if the court requires it. The court issues your letters.
Within 60 days
You publish the notice to creditors. It runs once a week for four weeks.
3 months after the last notice
The creditor window closes. Now you know what the estate owes.
Within 6 months
You file the inventory of what the estate holds, unless the will or the heirs excuse it.
Debts first, then heirs: the notice to creditors
Georgia makes you tell the people the estate owes. Within 60 days of getting letters, you publish a notice in the county's legal paper. It runs once a week for four weeks. Anyone owed money then has three months from the last notice to make a claim.
Do not hand money or property to the heirs before that window closes. If a claim comes in after you have paid everyone out, the shortfall can land on you.
Two creditors move faster than the rest. If your parent got Medicaid for nursing-home or long-term care, the State of Georgia files a claim in the estate for what it paid. It waives the first $25,000, and you must tell the Department of Community Health in writing before you hand anything out. If there was a reverse mortgage, the whole loan came due at the death, and the servicer gives the family roughly six months, with extensions, to sell or pay it off.
A surviving spouse or a minor child has a special claim called year's support. The court can set aside money, or even the house, for them, ahead of most creditors. The request must be filed within two years of the death. It can be the simplest path when the spouse wants to keep the home.
Read next: The house is still in a parent's name.
Selling the house: with power of sale, and without it
Whether you can sell on your own depends on one line in the will. Many wills give the executor the power to sell without asking the court. If yours does, you can list the house or sell it direct once you hold letters. You do not need a hearing or a petition.
If the will is silent, or there is no will, you ask the court for leave to sell. The form is GPCSF 13. It names the house, the price, the terms and every heir. Each heir gets notice and a chance to object. With no objection, the court signs an order, often within 30 to 90 days. There is a shortcut. When the estate opens, every heir can sign to give the administrator the power to sell. That box is on the petition, and it saves a second trip to the court.
At closing, you sign as the estate, with an executor's deed or an administrator's deed. The closing attorney will ask for a certified copy of your letters, and for the court order if one was needed. Back taxes and any loan get paid from the sale price. The rest goes into the estate's bank account and is paid out from there.
If the family keeps the house instead, you do not sell it. You sign a deed of assent that moves it to the heirs named in the will or by law.
Sell during the estate
You sell as the estate once you hold letters and, if needed, the court's order. The money pays debts and taxes first. What is left is split under the will or the law.
- Needs: letters
- Needs: power of sale or a court order
Pass the house to the heirs, then they sell
You sign a deed of assent. The heirs own it together and sell it themselves. Every heir signs at closing. If one lives out of state, that can change the tax taken at closing.
- Every heir signs
- Can change the closing tax
Keep it in the family
The deed of assent moves it to the heir who keeps it. Any heir who gives up a share should sign a deed saying so, or the house stays owned by all of them.
- Deed of assent
- Each heir signs
What you get paid, and what you owe the heirs
Georgia pays the person who does this work. Unless the will sets a different fee, you may take 2.5 percent of the money that comes into the estate and 2.5 percent of what goes out. On a house that sells, that is real money. You may also be paid back for what you spend on the estate, like the court fees and a trip to Georgia, if you keep the receipts.
In return, you keep an account. Every dollar in and out, with a receipt. Keep the estate's money in its own bank account, never mixed with yours. The bank will want your letters and a tax number for the estate, which you get free from the IRS online in a few minutes. Georgia also asks for three filings after letters issue: an inventory of what the estate holds within six months (O.C.G.A. 53-7-30), a return every year while the estate is open (O.C.G.A. 53-7-67), and a petition for discharge when you are done. The will or the heirs can excuse the inventory and the returns, and any heir can ask the court to make you show the books.
- House sells for
- $250,000
- Back taxes paid at closing
- -$6,000
- Closing costs and the sale fee
- -$10,000
- Your fee, 2.5 percent in and 2.5 percent out
- -$12,100
- Left for the heirs, before other debts
- $221,900
How we help the person the court named
We work with Georgia families when the house is the hard part of the estate. Give us the address and we pull what the county shows: who is on the deed, what is owed in taxes, and whether a sale date is set. We go through the choices above with you, with a number next to each one. When the cost of opening the estate is what is stopping a family, we help pay it when the family picks an option that involves us. And when the choice is to sell during the estate, we can be the buyer and close when the court's papers are ready.
Questions people ask
Can I sell my parent's house before I have letters?
No. Nobody can sign for the house until the court issues letters. You can get it ready and talk to buyers, but no deal can close.
Do I need a lawyer to be an executor in Georgia?
Not by law for most estates. Many people file the state forms themselves and call the clerk with questions. A lawyer earns the fee when heirs disagree, when a creditor fights, or when the estate has to sell under a court order.
How long do I have to open the estate?
There is no hard deadline to file. The costs of waiting start the day of the death. The taxes keep coming, the insurance can lapse, and the list of heirs can grow.
What if another heir wants to be the administrator?
The court decides. With no will, the spouse has first pick, then the heirs. If the heirs cannot agree, the judge can pick, or name a neutral county administrator. Agreeing on one person before you file saves months.
Can the executor live in another state?
Yes. Georgia does not require the executor or administrator to live here. Our page on handling a Georgia estate from out of state covers the oath, the filing and the closing from a distance.
What happens to the mortgage?
The loan does not go away. It stays on the house and has to be paid, or paid off at closing. A federal rule lets a family member who takes over the house talk to the lender and keep paying, without a new loan.
Where these facts come from
Written by Fitz Hall and checked against these sources on October 15, 2026. This page explains how things work. It is not legal advice.
- Georgia probate courts' standard forms (GPCSF 3, 5, 13 and 53)
- GPCSF 1, general instructions for the standard forms (the oath, the bond)
- GPCSF 53, commission to administer the oath in another state
- Georgia law on who may serve as a personal representative (O.C.G.A. § 53-6-1)
- Georgia law on bond for an administrator (O.C.G.A. § 53-6-50)
- Georgia law on the fee a personal representative is paid (O.C.G.A. § 53-6-60)
- Georgia law on the notice to creditors (O.C.G.A. § 53-7-41)
- Georgia law on selling under a power in the will (O.C.G.A. § 53-8-10)
- Georgia law on the petition for leave to sell (O.C.G.A. § 53-8-13)
- Georgia law on year's support (O.C.G.A. § 53-3-1)
- Georgia law on temporary letters of administration (O.C.G.A. § 53-6-30)
- Georgia law on the inventory (O.C.G.A. § 53-7-30) and the yearly return (O.C.G.A. § 53-7-67)
- Georgia Department of Community Health: Medicaid estate recovery, questions and answers (September 2025)
- Fulton County Probate Court: e-filing a new estate
- Federal rule on a family member taking over a mortgage after a death (12 CFR 1024.30 and following)
Named to handle the estate? Send the address and we will pull who is on the deed, what is owed, and whether a sale date is set.
Free. You do not need letters yet to ask.
Prefer to talk? Call 678-379-6820